What if someone is driving without car insurance and has an accident with me, can I still get compensation for the damages? Although it is against the law in most states to drive without automobile liability insurance many irresponsible individuals insist on driving around town without coverage. If they get into accidents in which they are at fault it means endless aggravation and pain for the people they hit. Let’s look at why it’s bad news and what you can do to make the most out of the situation.
Why it’s bad news for you
If you’re in an accident with an uninsured driver, he or she usually has no real assets with which to compensate you for the damages. Even if you get a lawyer or file a lawsuit, and even if you win the lawsuit, you will not be fully compensated for all the expenses you have sustained due to the accident. Chances are your expenses will grow because lawyers don’t work for free and you have to pay just to prove who’s at fault and who’s supposed to pay what to whom.
What you can do
If you don’t have it, acquire uninsured and under-insured motorist coverage in your auto insurance policy. An uninsured policy refers to the insurance coverage for physical injuries and often property damage in car accidents or hit and run situations where the other party either has no insurance nor can it be proven whether or not they had insurance as is the case in a hit-and-run situation. An under-insured policy refers to coverage that will insur you when the driver at fault has less-than-adequate insurance i.e. less coverage then you are carrying to pay for the expenses due to the accident. These are full-proof ways that you can protect yourself and those who were with you inside the vehicle when the collision occurred. It means your own insurer will have to pay for the damages sustained. Other than that, some states follow a “no-fault” law system, which means no matter who’s at fault your automobile insurance policy must pay for your medical bills subject to certain conditions and limitations. Usually this means you can’t sue the other party for the reimbursement of your medical bills because it is prohibited.
How will a lawsuit help?
A lawsuit only becomes pertinent via three circumstances:
1.Â Â Â If you sustained serious injuries such as permanent disability. 2.Â Â Â If a life was lost. 3.Â Â Â If your insurer refused to cover you in good faith.
Otherwise it’s definitely counter-productive to file a lawsuit against a person just because you want to get even. Just in case you really want to clarify who’s at fault and you want the driver to pay you for the damages, expect that there will be a court proceeding. The court will determine who’s at fault and what amount of compensation the driver at fault has to pay to you.
When do you need a lawyer?
If you have uninsured and under-insured insurance policies you will need a lawyer to help you make a claim as your own insurance company is often not forthcoming with an adequate amount of compensation. When you do hire a lawyer hire one that has years of experience dealing with auto accident laws to help ensure the success of your case.